Texas-based convenience store giant Buc-ee’s Ltd. has filed another trademark infringement lawsuit against a competitor, this time alleging a store in Kimberling City, Mo., and its cartoon duck logo infringe on its trademarks.
Buc-ee’s has named 2 Wiseman Enterprises, which does business as Duckees Drive Thru, as the defendant in the lawsuit alleging infringement of two trademarks covering its cartoon beaver logo, two that cover its name and four others that cover its advertising and business services, and various Buc-ee’s branded goods.
In addition to alleging Duckees-branded goods — hoodies, koozies and beanies — infringe on its trademarks, Buc-ee’s takes aim at the store’s cartoon duck logo, which is set against a yellow background within a black, circle outline.
“The DUCKEES’ Word Trademark DUCKEES copies the most important aspects of BUC-EE’S Word Trademark,” the lawsuit alleges. “The DUCKEES’ Word Trademark DUCKEES, among other things, is nearly identical both orally and visually to the BUC-EE’S Word Trademark BUC-EE’S.”
The case was filed Nov. 15 and brings claims for trademark infringement and dilution. It seeks an injunction barring Duckees from using the allegedly infringing logo. It has been assigned to U.S. District Judge Roseann A. Ketchmark.
Buc-ee’s is represented by Joseph J. Berghammer, Janice V. Mitrius and Anthony J. Denis of Banner & Witcoff in Chicago and C. Bradley Tuck of Evans & Dixon in Springfield, Mo.
Counsel for 2 Wiseman Enterprises had not filed an appearance as of Monday.